The Dynamicism of the Republic

An Australian Republic is but a single step - yet an utterly important step - on the Australian peoples path to transcendence. Unfortunately federation in 1901 was handled poorly and Australia was left over a century behind the times, with a static constitution, devoid of the innovations of the enlightenment, that had found their way into the constitution of the US Republic. Australia must catch up to the enlightenment for the political freedom of its people. Despite this very necessary step to a Republic: it must not be seen as a means to impose static rule on the country. Republicanism is just one step in the devolving decentralisation of power until the polity is the people and full authority for the state lies entirely in the peoples hands.

Inevitable

Whatever empathy Australians had with the notion of Australian Britishness, is largely gone in the younger generations and the new Australians. The indigenous Australian, the new Australians and the Australian Australians have no truck with the relic of the monarchy, nor the heraldic crumbs of colonial Australia. To all but the Anglo-Australians, a Republic is inevitable - as is the removal of the Union Jack from the Australian flag.

One impulse of this inevitability that must be tempered, is the view that a Republic represents the epitome of constitutional government. Since 1776, the limitations of a representative system with embedded explicit political rights, have been shown - especially this century with increased sophistication of politicking, the political use of media and the ever-present human failure in their desire for absolute power.

This does not mean that the Republic has no value, merely, that some of its worst limitations have been exposed. But in comparison to the constitutional monarchy, it is a far tighter system, with greater separation of powers and explicit recognition of individuals rights. A Republic is the next evolutionary step in government beyond a constitutional monarchy - hence its inevitability.

Malleable

Another impulse to guard against is the enshrining a static constitution as the "bearded men" did in 1901. Plus avoiding one that carries the prejudices of the day, that covets all decisions outside of public debate, that is without public accountability, and is devoid of the protections for individuals and minorities that are so necessary in a constitutional system.

The people that government draws its power and legitimacy from are a diverse and dynamic group that changes increasingly with each generation; culturally, socially and economically. This reality must be reflected in the Constitution as well as the ability for each generation to advance, not retard, the republican form of government into their image.

One of the greatest arguments against the "no change" Australians, and those that would excuse the constitutional monarchical system of Australia as a republic in all but name is the lack of explicit protections for individual and minority freedoms in the Constitution. It is essential in any post-enlightenment system of government to contain a constitutional bill of rights.

Yet the static nature of the Australian system and the special interest aspect of the representative system have meant Australia has not had these protections against government tyranny despite government action in Australia offering many instances since 1901 when these limitations on arbitrary government action were absolutely necessary.

Public

The ongoing specialisation of representatives in parliament, along with ongoing encumbancy and government management of the media has shrunk the public space in which government and people interact to determine policy. The trends in the last twenty years have set an example of the failure of the representative system as it succumbs to special interests, faction and a usurpary executive power without public accountability.

The representatives and factions have managed to pollute the language of debate - with the support of the media - that the people have been cornered into choosing their representatives based on negative values such as celebrity, admiration, fear or nationalism. This represent a devaluing of public debate and a consequent disconnect and alienation of the people from making and participating in policy or the direction of the polity.

A common phrase uttered in Australia is, " When the government changes, the country changes ". This is a reflection to the level through which faction and government deconstruct the dialogue between government and people into meaningless soundbites and the avoidance of substantial policy. This is the special interests of faction working to their own minority interests, and not necessarily the peoples, through the power and legitimacy of government.

The challenge for an Australian Republic will be to ensure this entropy toward specialisation and secrecy of government is halted through an open system - one that is constantly accountable to the public. The Republican government must also be perpetually inclusive and indiscriminately participatory with the people it draws it legitimacy, and hence power from. Anything less is not republicanism.

Future

The Australian Republic is overdue in this country but does not represent the epitome of political governance - it is a very necessary - but incremental step on Australia's evolutionary path toward political transcendence, where power is devolved directly into those that it draws its legitimacy from. The pen of Dan Deniehy wrote a hundred and fifty years ago;

Today in Australia every man acts not only for himself but as a trustee for posterity. The poorest man in Goulburn can by negligence or indifference possibly affect the rights and the benefits in this undeveloped community of worth and industry and enterprise, nay it may be of coming genius.

cam
Permalink, The Dynamicism of the Republic, Dec 2004, cam
siento: Maybe: A Republic is hopefully inevitable. The rest is all a maybe.

Whilst the flag is ridiculous, it does show how much of a legacy we have toward Britain. We could get rid of it, but that is a bit like renaming streets and pretending that you are something that you are not.

With regard to a bill of Rights it should be noted that the US, with a bill of rights is happily imprisoning people without limit without trial and torturing while the UK, without such a bill, has had the Law Lords overturn endless imprisonment. The lesson to be learned from this is that while bills of rights are useful they can, and will, be subverted should no powerful political and legal entities take a great interest in their defence.
cam: Tyranny, Rights, GG and Enlightenment:
We could get rid of it, but that is a bit like renaming streets and pretending that you are something that you are not.

Why? I am not British. The Union Jack is meaningless to me. So what if we share culturawl attributes, why should we share heraldic attributes because of an accident in exploration and immigration?

With regard to a bill of Rights it should be noted that the US, with a bill of rights is happily imprisoning people without limit without trial and torturing while the UK, without such a bill, has had the Law Lords overturn endless imprisonment.

No level of seperation of powers or explicit limits on power will stop an Executive that has turned to tyranny - and one that detains people indefinately and advocates torture is tyrannous. The US is suffering from a weak Congress and a politicized judicial as well making it easy for the Executive to usurp power.

One of the benefits of an explicit numeration of limits on government power is that it is easy to judge when the government has turned to tyranny.

I also believe that a Bill of Rights which denied the government the ability to detain an individual indefinately would have stopped the government bullshit with refugees .

The lesson to be learned from this is that while bills of rights are useful they can, and will, be subverted should no powerful political and legal entities take a great interest in their defence.

This is also why I believe the GG should become a popularly elected position that represents the Bill of Rights and vetos any legislation that contravenes it.

The point remais though, that Australia is still behind the enlightenment, and the Republic is mainly about catching up to that first, before it can forge forward in new ways that better represent self-governance and consent.

cam
siento: But: You may not be British. I am maybe one quarter British, and I believe even slightly less. However, Australia\'s institutions and system of government are as is our legal system. This is what the flag reflects. Changing the flag is kinda weird though. It\'s our flag. It\'s the flag under which Australians fought. And there is a danger that some abortion of a flag with every group represented would be created.

All that said, give me a vote between the Eureka flag and the current one and I\'d vote for the Eureka flag.

As for the Bill of Rights the US situation is indicative of the problems with it. A Bill of rights will not do much to improve government. It would distract from the mundane but critical business of day to day government.

The politicisation of the US judiciary is an almost unavoidable consequence of the the judiciary making decisions that are politically important. When things gain huge political importance it is almost inconceivable that politicians will stay away from them.

What brings good government is an ability to make decisions that carefully and thoughtfully balance the competing and sometimes conflicting interests which compose society.

It is better to concentrate on improving government than forcing future generations to follow our values. Personally I think Australia\'s two biggest problems are the lack of technical and scientific knowledge of our politicans leading to a failure to exploit Australia\'s impressive technical expertise and the fact that the major parties have become too dominant and we are now essentially subject to government by preselection.  I\'m in the process of writing something up that describes these problems and proposes some ideas that might alleviate them.

 
cam: Flags:
You may not be British. I am maybe one quarter British, and I believe even slightly less.

My father was British. But I still dont identify with Britain. I dont see Australia and Britain as anywhere the same.

However, Australia\'s institutions and system of government are as is our legal system. This is what the flag reflects.

Yes but so was America\'s, Canada\'s, India\'s, South Africa\'s etc etc etc. They put their history in history books, rather than on an aspirational national image.

Changing the flag is kinda weird though. It\'s our flag. It\'s the flag under which Australians fought. And there is a danger that some abortion of a flag with every group represented would be created.

The Blue Ensign is British vexilology is for government use only. In Australia previous to menzies making it the dominant Australian flag it was only flown off of Parliament house and other government buildings.

Australians chose the Red Ensign as their flag. If you have a look at World War I/II pictures the Red Ensign outnumbers the Blue Ensign about 4:1. It even picked up the name Civil Ensign in Australia even though the Red Ensign was only supposed to be for the merchant marine.

In reality only Vietnam and the two Gulf Wars have been fought under the Blue Ensign. I covered that issue a bit in the article on Australian Vexillology .

South Africa\'s flag came from committee, I think it is better if the flag is emergant rather than designated. Menzies designated it the Blue Ensign even though the people had chosen the Red Ensign. Partly because Menzies thought the Red Ensign looked too communist (Canada kept a red ensign until they changed to the maple leaf).

If the government dictates the flag it becomes \"we the state\" rather than \"we the people\". By the same token, most Australians agree that an Australian flag without the southern cross would not be an Australian flag, so the flag act could be changed to something like \"must have a southern cross\", that would give sufficient levity for new flags to emerge.

Howard made it so that any changes to the Flag Act have to come through a referendum, it was one of the first things he did when he got in. Since a referendum is impossible to achieve, it pretty much means that a new flag will have to emerge with over-riding popularity before government will recognize it. If they wont let the Aboriginal or Eureka flag within cooee of parliament house then I dont see it happening soon.

As for the Bill of Rights the US situation is indicative of the problems with it. A Bill of rights will not do much to improve government. It would distract from the mundane but critical business of day to day government.

I disagree, the freedom from arbitrary rule is fundamental IMHO.

I\'m in the process of writing something up that describes these problems and proposes some ideas that might alleviate them.

Cool, I look forward to reading it.

cam
avocadia: Refugees:

I also believe that a Bill of Rights which denied the government the ability to detain an individual indefinately would have stopped the government bullshit with refugees.

Only if the Bill of Rights covers non-citizens. Particularly non-citizens apprehended outside of Australian territory. The US Bill of Rights doesn\'t seem to be helping the detainees in Guantanamo too much.
cam: Universal Bill of Rights:
Only if the Bill of Rights covers non-citizens.

Arbitrary government is arbitrary government no matter who it is practiced on. The Bill of Rights in the US has been polluted by nationalist politics and an Executive who, for all their rhetoric on freedom, has little care, nor understanding of liberty.

The US Bill of Rights contains no language that defines it to \"citizen\", the language has greater universality than that; such, \"Congress shall make no law\", \"No person shall\" ... It is intended for anyone under the jurisdiction of government, not as a protection for citizens.

By putting people under their jurisdiction under indefinite detention, without trial is arbitrary government (and hence tyranny). Advocating torture is tyranny. The USA PATRIOT Act violates the 4th Amendment, which is again arbitrary government.

That nationalist politicians and power-mongering have managed to get away with it is a failing of civics and an example of how heavily government gets to control the debate through mass media. Bush was not punished at the polls for his arbitrary management of government, nor was Howard for his arbitrary and inhumane management of refugees.

This is why there needs to be an insider in government whose sole reponsibility is to maintain no arbitrary government. Since politicians have no care for the integrity of the democratic system and are only interested in furthering their own power and ambitions, it is absolutely necessary to ensure that the Constution also contains the language for independent bodies such as ICAC, the AEC, and a Human Rights Commission to ensure that legislative and executive bodies do not over step their bounds and practice arbitrary government.

cam

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